Legal Question in Workers Comp in California

i was fired with a doctors medical release while under a workers comp claim...what are my rights


Asked on 6/06/12, 9:20 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

(1) if you are released to work, you can file for Unemployment Insurance with the california Employment Development Department (EDD).

(2) You can assert in a Petition for Benefits Per LC132a that your termination was solely in as retaliation and discrimination for having filed a workers comp action; then you have to PROVE the employer's mental state in court (extremely tricky) that the employer had no business reason for terminating you but did it only to get even... you'll likely need an official high up in management to testify against the employer that the employer only fired you to get even.

(3) You get 15% extra on your Permanent Disability finding when the calculating your PD for the employer's failure to provide you employment after you become Permanent & Stationary.

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Answered on 6/07/12, 1:35 pm


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